Proposed Rule2025-05382
Air Plan Approval; Florida; Revisions to Stationary Sources-Removal of Clean Air Interstate Rule Provisions
Primary source
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Published
March 28, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on August 15, 2023. The revision seeks to remove certain Clean Air Interstate Rule (CAIR)-related definitions, and CAIR-related portions of certain definitions, in the Stationary Sources--General Requirements chapter of the Florida SIP because they have become obsolete. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 90 Issue 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Proposed Rules]
[Pages 14059-14062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05382]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0049; FRL-12620-01-R4]
Air Plan Approval; Florida; Revisions to Stationary Sources--
Removal of Clean Air Interstate Rule Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Florida Department of Environmental Protection (FDEP) on August 15,
2023. The revision seeks to remove certain Clean Air Interstate Rule
(CAIR)-related definitions, and CAIR-related portions of certain
definitions, in the Stationary Sources--General Requirements chapter of
the Florida SIP because they have become obsolete. EPA is proposing to
approve these changes pursuant to the Clean Air Act (CAA or Act).
[[Page 14060]]
DATES: Comments must be received on or before April 28, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0049 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Steven Scofield, Multi-Air
Pollutant Coordination Section, Air Planning and Implementation Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9034. Mr. Scofield can also be reached
via electronic mail at <a href="/cdn-cgi/l/email-protection#cdbeaea2aba4a8a1a9e3beb9a8bba88da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="ccbfafa3aaa5a9a0a8e2bfb8a9baa98ca9bcade2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Under CAA section 110(a)(2)(D)(i)(I), also called the ``good
neighbor'' provision, states are required to address the interstate
transport of air pollution. Specifically, the good neighbor provision
requires that each state's implementation plan contain adequate
provisions to prohibit air pollutant emissions from within the state
that will significantly contribute to nonattainment of the national
ambient air quality standards (NAAQS), or that will interfere with
maintenance of the NAAQS, in any other state.
In 2005, EPA published CAIR to limit the interstate transport of
ozone and fine particulate matter (PM<INF>2.5</INF>) under the CAA's
good neighbor provision. See 70 FR 25162 (May 12, 2005). CAIR
originally required 28 eastern states, including Florida, to submit
SIPs prohibiting emissions that exceeded certain limits. CAIR also
established several trading programs for nitrogen oxides
(NO<INF>X</INF>), an ozone precursor, and sulfur dioxide
(SO<INF>2</INF>), a PM<INF>2.5</INF> precursor. The trading programs
were implemented through Federal Implementation Plans (FIPs) for
electric generating units (EGUs) greater than 25 megawatts in each
affected State.\1\ These trading programs did not apply to large non-
EGUs. States could then submit SIPs to replace the FIPs to achieve the
required emission reductions from EGUs and could choose to opt in non-
EGU sources.
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\1\ For additional background regarding these FIPs, including
details specific to Florida, see Proposed Approval of Implementation
Plans of Florida: Clean Air Interstate Rule, 72 FR 42344 (August 2,
2007).
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On October 12, 2007, EPA published a SIP revision for Florida
implementing the requirements of CAIR, incorporating former Florida
Administrative Code (F.A.C.) Rule 62-296.470, Implementation of Federal
Clean Air Interstate Rule into the SIP and making CAIR-related changes
to the SIP-approved general definitions rule at Rule 62-62-210.200,
Definitions. See 72 FR 58016. The United States Court of Appeals for
the District of Columbia Circuit (D.C. Circuit) initially vacated CAIR
in 2008, but ultimately remanded the rule to EPA without vacatur to
preserve the environmental benefits of CAIR. See North Carolina v. EPA,
531 F.3d 896, modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008).
The ruling allowed CAIR to remain in effect temporarily until a
replacement rule consistent with the court's opinion was developed.
While EPA worked on developing a replacement rule, the CAIR program
continued to be implemented with the NO<INF>X</INF> annual and ozone
season trading programs beginning in 2009 and the SO<INF>2</INF> annual
trading program beginning in 2010.
In response to the D.C. Circuit's remand of CAIR, EPA published the
Cross-State Air Pollution Rule (CSAPR) to address the good neighbor
provision for the 1997 ozone NAAQS, the 1997 PM<INF>2.5</INF> NAAQS,
and the 2006 PM<INF>2.5</INF> NAAQS. See 76 FR 48208 (August 8, 2011).
Through subsequent litigation over CSAPR, EPA continued to implement
CAIR until December 31, 2014. CSAPR became effective on January 1,
2015. EPA determined that CSAPR does not apply to Florida after
demonstrating that Florida does not contribute significantly to
nonattainment in, or interfere with maintenance by, any other State
with respect to the covered NAAQS. See 81 FR 74504, 74506 (October 26,
2016).\2\ Because CSAPR replaced CAIR and EPA previously determined
that CSAPR does not apply to Florida, neither of these rules have any
applicability in Florida today. EPA removed Florida's former CAIR
rule--Rule 62-296.470, Implementation of Federal Clean Air Interstate
Rule--from the SIP on October 3, 2023. See 88 FR 67963.
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\2\ Additional updates were made to the CSAPR trading program
following its original approval on August 8, 2011, including the
CSAPR Update on October 26, 2016 (81 FR 74504) and Revised CSAPR
Update on April 30, 2021 (86 FR 23054) for ozone interstate
transport. These subsequent CSAPR rules continued to demonstrate
that sources in Florida were not significantly contributing to any
maintenance or nonattainment area, therefore, the CSAPR Update and
the Revised CSAPR Update do not apply for the State.
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In this proposed action, EPA is proposing to approve the SIP
revision submitted by FDEP on August 15, 2023, seeking to remove
certain CAIR-related definitions, and CAIR-related portions of certain
definitions, from Chapter 62-210, Stationary Sources--General
Requirements, of the Florida SIP.\3\ Specifically, this proposed action
addresses definitional changes adopted by the State, effective July 3,
2018, to SIP-approved Rule 62-210.200, Definitions. These definitions
are referenced throughout Chapter 62-210 and in other parts of the SIP.
Approval of these changes would improve consistency with Federal and
State regulations.
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\3\ The August 15, 2023, submittal contains revisions to other
Florida SIP-approved rules that are not addressed in this document.
EPA will act on those rule changes in separate rulemakings.
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The following definitions are proposed to be removed from the SIP:
62-210.200(52) ``CAIR''; 62-210.200(53) ``CAIR NO<INF>X</INF>
Allowance''; 62-210.200(54) ``CAIR NO<INF>X</INF> Annual Trading
Program''; 62-210.200(55) ``CAIR NO<INF>X</INF> Ozone Season
Allowance''; 62-210.200(56) ``CAIR NO<INF>X</INF> Ozone Season Trading
Program''; 62-210.200(57) ``CAIR NO<INF>X</INF> Ozone Season Unit'';
62-210.200(58) ``CAIR NO<INF>X</INF> Unit''; 62-210.200(59) ``CAIR
Part'' or ``CAIR Permit''; 62-210.200(60) ``CAIR Program''; 62-
210.200(61) ``CAIR SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR
SO<INF>2</INF> Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF>
Unit''; 62-210.200(64) ``CAIR Source''; and 62-210.200(65) ``CAIR
Unit''. The SIP revision also removes the CAIR-related portions of 62-
210.200(91) ``Commence Operation'' (removing paragraph (b)) and 62-
210.200(115) ``Designated Representative'' (removing paragraph (b) and
moving paragraph (c) to paragraph (b)).
These changes to Rule 62-210.200 were state-effective on July 3,
2018, and remove multiple definitions and portions of definitions that
are obsolete.
[[Page 14061]]
Florida specifically removed the CAIR programmatic definitions, as well
as references to CAIR in the Rule because CAIR is no longer operative
as a rule and it repealed its State CAIR rule as discussed above.\4\
The removal of other CAIR-related definitions was also requested as
part of this August 15, 2023, SIP submission; however, EPA will address
these changes in a separate rulemaking.
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\4\ A summary and timeline of the federal and State alterations
to the CAIR regulations can be found in Appendix A of Florida's
August 15, 2023, SIP submission, starting on page 1147. The
submission can be found in the docket for this rulemaking, Docket ID
No. EPA-R04-OAR-2024-0049 at <a href="http://regulations.gov">regulations.gov</a>.
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II. EPA's Analysis of Florida's August 15, 2023, SIP Revision
Florida's August 15, 2023, SIP submission, encompasses several
changes to Rule 62-210.200, Definitions, that were made state-effective
at different times. In this proposed action, EPA is only proposing to
approve the following changes that became state-effective on July 3,
2018.
1. F.A.C. Changes Effective July 3, 2018
Florida's August 15, 2023, submission removes or revises several
definitions as they are no longer necessary since the removal of the
CAIR provisions under State and Federal rules.\5\
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\5\ Some of the defined terms proposed to be removed remain in
other SIP-approved Florida rules outside of Rule 62-210.200; such
rules are not proposed to be revised at this time. Any references to
these defined terms do not affect the implementation of any Florida
rules.
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The following definitions are being removed entirely: 62-
210.200(52) ``CAIR''; 62-210.200(53) ``CAIR NO<INF>X</INF> Allowance'';
62-210.200(54) ``CAIR NO<INF>X</INF> Annual Trading Program''; 62-
210.200(55) ``CAIR NO<INF>X</INF> Ozone Season Allowance''; 62-
210.200(56) ``CAIR NO<INF>X</INF> Ozone Season Trading Program''; 62-
210.200(57) ``CAIR NO<INF>X</INF> Ozone Season Unit''; 62-210.200(58)
``CAIR NO<INF>X</INF> Unit''; 62-210.200(59) ``CAIR Part'' or ``CAIR
Permit''; 62-210.200(60) ``CAIR Program''; 62-210.200(61) ``CAIR
SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR SO<INF>2</INF>
Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF> Unit''; 62-
210.200(64) ``CAIR Source''; and 62-210.200(65) ``CAIR Unit.''
The following definitions are being modified by removing CAIR-
related paragraphs but continue to apply to the Acid Rain Program
(ARP): 62-210.200(91) ``Commence Operation'' (removing paragraph (b));
and 62-210.200(115) ``Designated Representative'' (removing paragraph
(b) and moving paragraph (c) to paragraph (b)).
2. Justification for SIP Revision Approval
As discussed above, on October 12, 2007, EPA published a SIP
revision for Florida implementing the requirements of CAIR. See 72 FR
58016. Subsequently, CAIR was replaced by CSAPR (a rule that does not
apply to Florida), Florida removed its CAIR rule, and EPA removed the
State's CAIR rule from the SIP. Therefore, the proposed changes to the
CAIR-related definitions in the SIP would not interfere with any
applicable requirement concerning attainment of the NAAQS or any other
applicable requirement of the Act.\6\
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\6\ See CAA section 110(l) which prohibits EPA from approving a
SIP revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
CAA Section 171), or any other applicable requirement of the Act.
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III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Sections I and II
of this preamble, EPA is proposing to incorporate by reference Florida
Rule 62-210.200, Definitions, state-effective on October 23, 2013,
except for 62-210.200(52) ``CAIR''; 62-210.200(53) ``CAIR
NO<INF>X</INF> Allowance''; 62-210.200(54) ``CAIR NO<INF>X</INF> Annual
Trading Program''; 62-210.200(55) ``CAIR NO<INF>X</INF> Ozone Season
Allowance''; 62-210.200(56) ``CAIR NO<INF>X</INF> Ozone Season Trading
Program''; 62-210.200(57) ``CAIR NO<INF>X</INF> Ozone Season Unit'';
62-210.200(58) ``CAIR NO<INF>X</INF> Unit''; 62-210.200(59) ``CAIR
Part'' or ``CAIR Permit''; 62-210.200(60) ``CAIR Program''; 62-
210.200(61) ``CAIR SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR
SO<INF>2</INF> Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF>
Unit''; 62-210.200(64) ``CAIR Source''; 62-210.200(65) ``CAIR Unit'';
62-210.200(91) ``Commence Operation''; and 62-210.200(115) ``Designated
Representative''.\7\ EPA is also proposing to incorporate by reference
the definitions of 62-210.200(79) ``Commence Operation'' and 62-
210.200(103) ``Designated Representative,'' which became state-
effective on July 3, 2018.\8\ EPA has made and will continue to make
these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at
the EPA Region 4 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
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\7\ These definitions were removed from the state-effective
version of Rule 62-210.200 on July 3, 2018. EPA is also not
incorporating by reference the definitions of ``animal crematory'';
``biological waste''; ``biological waste incinerator''; ``biomedical
waste''; ``capture efficiency''; ``cast polymer operation''; ``human
crematory''; ``major source of air pollution,'' ``major source,'' or
``title V source''; ``printed interior panels''; ``unit-specific
applicable requirement''; and ``waste-to-energy facility'' as
identified in the regulatory table entry for Rule 62-210.200 at 40
CFR 52.520(c). If this proposed rule is finalized, the table entry
for Rule 62-210.200 at 40 CFR 52.520(c) will retain these
exclusions; identify the CAIR-related exclusions discussed above;
identify the incorporation by reference of ``Commence Operation''
and ``Designated Representative,'' state-effective on July 3, 2018;
and retain the note that ``The ethanol production facility exclusion
within the definition of ``major stationary source'' at 62-210.200
does not apply to 62-212.500.''
\8\ These definitions are numbered 62-210.200(91) and 62-
210.200(115), respectively, in the current SIP. If this proposed
rule is finalized, the SIP will contain two definitions numbered 62-
210.200(79) and two definitions numbered 62-210.200(103). The August
15, 2023, submittal requests that EPA remove all definition numbers
from 62-210.200 in the SIP, retaining the alphabetical order of the
definitions. EPA will act on that change in a separate rulemaking.
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IV. Proposed Action
EPA is proposing to approve the August 15, 2023, Florida SIP
revision that removes Rules 62-210.200(52) ``CAIR''; 62-210.200(53)
``CAIR NO<INF>X</INF> Allowance''; 62-210.200(54) ``CAIR NO<INF>X</INF>
Annual Trading Program''; 62-210.200(55) ``CAIR NO<INF>X</INF> Ozone
Season Allowance''; 62-210.200(56) ``CAIR NO<INF>X</INF> Ozone Season
Trading Program''; 62-210.200(57) ``CAIR NO<INF>X</INF> Ozone Season
Unit''; 62-210.200(58) ``CAIR NO<INF>X</INF> Unit''; 62-210.200(59)
``CAIR Part'' or ``CAIR Permit''; 62-210.200(60) ``CAIR Program''; 62-
210.200(61) ``CAIR SO<INF>2</INF> Allowance''; 62-210.200(62) ``CAIR
SO<INF>2</INF> Trading Program''; 62-210.200(63) ``CAIR SO<INF>2</INF>
Unit''; 62-210.200(64) ``CAIR Source''; and 62-210.200(65) ``CAIR
Unit''; and modifies Rules 62-210.200(91) ``Commence Operation'' and
62-210.200(115) ``Designated Representative.''
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> Is not a significant regulatory action subject to review
by the Office of
[[Page 14062]]
Management and Budget under Executive Order 12866 (58 FR 51735, October
4, 1993);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 13, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2025-05382 Filed 3-27-25; 8:45 am]
BILLING CODE 6560-50-P
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